Pursuing an Ontario personal injury lawsuit can be a daunting task for many individuals.  Most people have not previously dealt with the law, lawyers or courtrooms and it is easy to feel overwhelmed.  One of the primary concerns people have about pursuing an Ontario lawsuit is the financial expenses they will incur.  People often wonder how they will be able to pay for their legal expenses and this can sometimes cause undue stress and anxiety.

Legal expenses include legal fees involved in hiring a lawyer, but they can also include other ways of preparing for trial, such as getting expert witnesses.  Some lawyers help finance your legal expenses by requesting that you obtain a litigation loan.  This is also known as third-party financing, where a financial services company gives you a loan or otherwise helps you financially.  Many recent court rulings have supported the role of third-party financing in order to adequately prepare for trial. In those cases, the court has ordered the insurer to pay the plaintiff’s interest on the loan as a disbursement.

A recent ruling, however, has  potentially damaged a client’s chances of being compensated for interest on a loan.  The judge in the case of Guiliani v. Region of Halton, ruled that the defendant (the insurance company) did not have to pay the interest on the litigation loan.  The rationale was that to require the insurance company to pay such a large sum could encourage lenders to charge high rates of interest in an attempt to “extract unconscionable amounts of interest from vulnerable individuals.”

If you are contemplating hiring a lawyer for your accident-related lawsuit, make sure you discuss fully that lawyer’s position on litigation loans and their pros and cons.

For information about Auger Hollingsworth, please call us at 613 233-4529.  We’re here to help.

The effects of being attacked by a dog do not always end with treating your injuries.  Some injuries can have more complex and sometimes lasting effects.  While the Ottawa personal injury lawyers at Auger Hollingsworth are not qualified to give medical advice, we feel it is our responsibility to inform you of the issues and help you begin to understand some of the implications of personal injury accidents.

If your injuries included lacerations and open wounds, you will likely have a scar.  The severity of scars can vary and while some are very small, light in colour and are hardly noticeable, others can be darker in colour and more prominent.  Some scars can be so severe that they result in disfigurement and may be painful.  If your scars do not fade away on their own you may be able to receive medical treatment to minimize the pain and appearance of your scars.

In the event that the dog attack was very sudden, frightening and severe, an individual may experience post-traumatic stress disorder (PTSD).  While this may be rare, it is certainly possible so if you experienced a terrible dog bit accident, be aware of the signs and seek appropriate medical care.  If, after getting over the initial shock of the event, you don’t feel like yourself, are exhibiting strange behaviours, or feel nervous, depressed or fearful, contact your doctor.

Individuals who are attacked by a dog can also develop a fear of dogs and possibly other animals.  People sometimes begin to distrust and fear dogs, even though before the accident they felt comfortable or even enjoyed the company of dogs.  A certain amount of hesitancy around animals may be normal soon after experiencing a dog bite, but if your fears grow and become worse, it may be wise to speak with a health-care professional.

If you have experienced an attack by a dog, you are likely on your way to healing and recovering from the incident.  It may benefit you to speak with an Ottawa personal injury lawyer if you think you may be entitled to compensation.  The lawyers at Auger Hollingsworth would be happy to discuss your case with you.

While many Ottawa car accidents result in broken bones and other non-life-threatening injuries, some are fatal.  When an individual is killed due to a motor vehicle accident, their loved ones may be able to claim damages for their loss.  If you have lost a loved one in an Ontario car accident, consult a personal injury lawyer who can help you navigate the process of pursuing a legal claim.  You are likely dealing with a lot of stress and sadness over your loss and an Ottawa injury lawyer can be the help you need to start the healing process and begin to feel closure.

According to the law in Ontario, the deceased individual’s spouse, children, parents, siblings, grandchildren, and grandparents can claim damages for the accident.  Damages can be both pecuniary (financial) and non-pecuniary loss of care, guidance and companionship due to the loss of a loved one).  If you were financially dependent on the deceased, you will likely be able to put forth a claim for financial damages.  Regardless of whether or not you were financially dependent on the deceased, you may be able to receive damages for the loss you endured as a result of losing a loved one.  A personal injury lawyer will be able to assess your specific situation and determine whether or not you have a legal claim to pursue.

In determining any compensation to be awarded for loss of care guidance and companionship, a judge will take several factors into consideration.  They will consider the relationship between yourself and the deceased, including the kind of loss you may have experienced (for example, losing a parent would result in loss of care, and losing a spouse would result in loss of companionship).  A judge will also consider whether or not you lived with the deceased, your age, overall health, your ability to care for yourself in the absence of the deceased, and the extent/frequency of your contact with your lost family member.  All of these factors play a role in determining the nature of relationship between yourself and the deceased and the court’s ability to “measure” the extent of your pain and suffering.

If you have lost a loved one in a car accident enlist the services of an Ottawa personal injury lawyer and receive the legal care you need.  Contact the injury lawyers at Auger Hollingsworth to discuss your case.

Ottawa Lawyer — Even in if you live outside of Ottawa or Ontario, you can still work with a personal injury lawyer here and recover damages in Ontario.  You do not need to live in Ontario in order to receive compensation for the injuries you received while visiting Ontario.  Our firm regularly represents people who suffered serious injury while in Ontario, but who live out of the province.  Even if you live outside of Canada, you can still receive compensation for the injuries you suffered in Ontario.  While such cases can sometimes be more challenging due to the geographical distance between us, technology allows us to do most aspects of working on your case without having to meet face to face.  Depending on the circumstances of your particular case, we may be able to assist you in recovering damages for your injuries.

It best to contact a personal injury lawyer as soon as possible after your accident so that we can begin to work on your case while you are still in Ontario.  If this is not possible, be sure to contact us as soon as possible after leaving the province so that we can try to resolve your case as quickly as possible.  It may seem easier not to address such legal matters while on vacation or a business trip, but it is in your best interest to deal with the situation sooner rather than later.  Whatever your reason for visiting Ontario, your accident and subsequent injuries were certainly not in your travel plans and unfortunately interrupted your pleasant stay here.  Consulting an Ontario personal injury lawyer soon after your accident can only help you.  If you are from another province in Canada or even another country, you are likely not familiar with the law and procedures involved in pursuing a personal injury case in Ontario.  A lawyer will help you navigate this unfamiliar territory and provide you with sound legal advice.

Ottawa Lawyer — There is a two year limitation period for most adult personal injury cases in Ontario.  This means that you must hire a lawyer and begin the legal process within two years of your accident.  In some circumstances, shorter notice requirements are in place which means that you have less time to begin the process of filing a claim.  The particular circumstances of your accident will dictate the specific time period you have to sue.  For example, after a motor vehicle accident, you are required to submit a notice to the drivers against whom you may make a claim.  This notice must be submitted within 120 days of the accident.  A personal injury lawyer can help you determine the limitation period in your particular situation.

It is in your best interest to contact a personal injury lawyer as soon as possible after your accident.  This will help to ensure that you are aware of the limitation period in your case and that you submit your claim within this time. Waiting until the last minute to hire a lawyer will likely be detrimental.  Many lawyers will not accept a case too close to the end of the limitation period.  This is because such short notice does not allow them to review your case fully in order to determine if the case can be won.  A lawyer may unfortunately decline to represent you if they are not given sufficient time to investigate your case.  If you are uncertain about the limitation period in your case, contact a personal injury lawyer right away.  They can help you determine the time in which you can submit your claim and help get your case started.  It would be a shame to miss the legal time frame and the opportunity to receive compensation for your injury.

OTTAWA PERSONAL INJURY LAWYER – I want to share with you a section of a case decision that was released in Ontario. It is not my case and I do not know the lawyers or the parties involved. I do know this, however, the case sure does show how dangerous it is to overstate the extent of your injuries. I am not saying that the plaintiff in this case was exagerating. I’d have no way of knowing that. But that is certainly what the defence lawyer’s orthopoedic surgeon thought and ultimately what the judge believed.

Here’s a section of the case summarizing the evidence of the defence doctor at trial:

Dr. Hugh Cameron is an orthopaedic surgeon who specializes in the treatment of knees and hips. At the request of counsel for the defendant, he examined the plaintiff in his office on March 19, 2008. Dr. Cameron took a history from the plaintiff and also reviewed an extensive medical brief. Following his examination of the plaintiff, he concluded that:
• the plaintiff was involved in a motor vehicle accident in March 2005 in which she
strained her neck and right shoulder;
• at worst, the plaintiff sustained a simple, uncomplicated musculoligamentous strain from which he would expect a woman of her age to have by now made a full recovery;
• at the time he examined the plaintiff, while there were subjective complaints of pain, there was no objective corroborating evidence of any significant organic pathology with respect to her cervical spine;
• while the plaintiff did have a restriction on range of motion in her right shoulder, he was of the opinion that the restriction was caused by pain inhibition and that if the plaintiff continued with appropriate stretching exercises, she could return to a
full range of activities within one year.

Here’s the kiss of death, right here:

Dr. Cameron expressed the opinion that, where a person favours the use of one arm over the other, there will be evidence of muscle wasting in the underused arm. During his examination of the plaintiff, he observed that there was no muscle wasting when he measured her arms. As well, during his examination of the plaintiff, Dr. Cameron performed a test known as pseudo-axial loading. He testified that this was a fake test which should produce no pain whatsoever. However, during this test, the plaintiff informed the Dr. Cameron that it produced pain in her neck.

The problem is, as a lay person, you just never know what types of testing are done purely to detect malingering. Almost all insurance related tests have some variation of “validity testing”. That includes psychological testing, functional capacity assessments as well as more traditional medical assessments.

As a result of the passage above, as well as other findings that the woman was not honest about her pain and symptoms, this claim for pain and suffering was rejected completely.

Don’t let that happen to your case!

If you have been injured in an Ottawa accident, your first step after getting immediate medical treatment should be to speak with an experienced personal injury lawyer who can help you make your injury claim. For more information, contact the Ottawa injury lawyers at Auger Hollingsworth by email info@personalinjuryottawa.ca or by phone at (613) 860-4529.

Protect Your Ottawa Lawsuit from Facebook in 5 Easy Steps

OTTAWA PERSONAL INJURY LAWYER – Eight months ago I wrote about the dangers for litigants who post their lives on social media pages. At that time, there were way fewer adults on Facebook and similar sites. My warning, I am certain, went largely ignored. The use of Facebook and now Twitter have increased dramatically since then. So have the consequences for injured people involved in lawsuits.

Here are some facts to consider:

FACT-> While initially people were quite guarded about what photos they posted online and who has access to them, people are gradually becoming more exhibitionist. Your friends may have photos of you, that can be searched by your name, on their pages. In other words, your own privacy settings cannot protect you entirely.

FACT-> The Courts have ordered injured plaintiffs to produce their facebook pages to the insurance company lawyers.

FACT-> Evidence from Facebook has been admitted in Ontario Courts and is used by the police and the traditional media.

FACT-> Every insurance defence lawyer has a law clerk on Facebook who is looking for their opponents’ pages, profiles and pictures on Facebook.

So, does that mean you have to withdraw from the 21st century and avoid social media? As your lawyer, I would like to say, well, yes. Avoid it like the plague.

However, as a human being I recognize that may not be possible. So, what steps can you take to protect yourself?

Step One: Take a critical eye to your social media sites to see if there is anything you would not want the insurance company lawyer to see. Remember that the insurance company will not know the context of your photos or comments. They won’t know if you swallowed a bottle of pain killers to get through that party.

Step Two: Check your privacy settings. Most sites allow you to block certain people altogether from seeing that you even are on the site. Block the opposing lawyer and his / her clerk. Keep in mind however, that there will be law students and others whose names you won’t know so this is not foolproof.

Step Three: Search your name in the search field to see what comes up and make sure it is acceptable.

Step Four: While you are at it, do the same thing on Google and You Tube. Make whatever adjustements are necessary.

Step Five: Don’t accept friend requests or answer emails through social media from people you do not know. On Facebook, if you send a message, you grant the receiver access to your profile for a certain number of days. That is a common device to get access to your profile. Keep in mind that because of the lawsuit process, the opposing legal team knows a lot about you and could send you an email that might make you think you know each other.

If you are in doubt about whether or not your pages are acceptable, speak to your personal injury lawyer about it.

If you have been injured in Ontario and are interested in getting fair compensation from your insurance company, a top personal injury lawyer can help. For more information, contact the Ottawa accident lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 860-4529.

Facebook Evidence Causes Judge To Rethink Lawsuit

Our personal injury lawyers know that what happened to this man could happen to you!  A Newfoundland man’s lawsuit was ruined, partly due to Facebook postings which contradicted his claims.

The man filed the lawsuit after he suffered whiplash as a result of two car accidents in 2001 and 2003. In addition to other losses, he said the injuries affected his social life, claiming his friends no longer phoned him to go out because he continuously declined their invitations.

At one point the man also said he had trouble playing pool – a favourite pastime of he and his friends – since he wasn’t able to bend over the table after making a couple of shots.

However defence lawyers produced evidence from the man’s Facebook profile that suggested his social life had not been affected at all. Postings made on his page showed that he hosted and attended parties, went to friend’s cabins, and several other activities. The Supreme Court Justice came to the conclusion that the plaintiff exaggerated the toll his injuries took.

After being confronted with the evidence, the man shut down his Facebook page.

He was awarded $40,000 in general damages for pain and suffering, however the judge rejected his claims which sought up to $1.3 million.

Ontario Woman Awarded $59,935 In Housekeeping Damages Following Car Accident

As your personal injury lawyer, we will often advance a claim for lost housekeeping capacity after a serious accident.  Here is what happened in a recent Toronto personal injury case.

A woman was injured after the car she was driving was struck by another vehicle. As a result of the accident, she suffered from chronic pain, fibromyalgia, depression and anxiety.

Before the accident, she had been working full-time at numerous jobs, earning anywhere from $7.50 and $14 an hour. She also did the bulk of the housework at home.

Following the accident, she experienced pain but was still able to perform most of her household responsibilities. She did have to rely heavily on housekeeping which was provided by her family.

The trial judge informed the jury that past housekeeping inefficiency damages were related to the woman’s inability to perform her housekeeping functions as well as she could prior to the accident.

The jury awarded the woman past housekeeping inefficiency damages of $5,000, past lost housekeeping capacity damages of $10,400 and future lost housekeeping capacity damages of $44,535, for a total of $59,935.

Does Ontario have No-fault Car Accidents?

A well-educated woman came into our personal injury law office office today to ask about her Ottawa car accident that happened almost two years ago.  I asked her why she waited until just before the limitation period expired.  It is much more difficult to pull the case together at the last minute.  Her answer surprised me.

She explained that she has been receiving “no fault” accident benefits from her own car insurer since the accident.  She assumed that by accepting the accident benefits, that meant she could not sue.  The various form letters she received from the insurance company reinforced her belief that she could not sue.

In fact, lawsuits by injured victims against the at fault drivers in motor vehicle accidents are exceedingly common in Ontario and are certainly allowed.  As long as your case meets the “threshold”, you can sue for pain and suffering, certain medical expenses, loss of past and future income, family law act damages and many other types of damages.

Don’t assume you know what the “threshold” is or how it applies to your case.  Take advantage of the free consultation offered by most Ottawa personal injury lawyers to learn about whether your case meets the test for claiming damages in Ontario.